Washington, D.C.,
February 3, 2010 — The Inter-American Commission on Human Rights (IACHR)
expresses its concern with respect to the ambiguity of the Amnesty
Decree approved by the National Congress of Honduras on January 26,
2010.

The Commission has
stated repeatedly that the application of amnesty laws that hinder
access to justice in cases involving serious human rights violations
contravenes the obligation of the States parties to the American
Convention to respect the rights and freedoms recognized therein and to
guarantee the free and full exercise of those rights and freedoms by all
persons subject to its jurisdiction, with no discrimination of any kind.

Likewise, the
Inter-American Court of Human Rights has established a clear doctrine to
the effect that an amnesty law may not serve as a justification for
failing to comply with the duty to investigate and to ensure access to
justice. Specifically, the Court has found that States "may not invoke
existing provisions of domestic law, such as the Amnesty Law in this
case, to avoid complying with their obligations under international law.
In the Court's judgment, the Amnesty Law...precludes the obligation to
investigate and prevents access to justice. For these reasons, [the]
argument that [the State] cannot comply with the duty to investigate the
facts that gave rise to the present case must be rejected."

In practice, the
application of amnesty laws has obstructed the clarification of grave
human rights violations and the prosecution and punishment of those
responsible, leading to impunity. As a consequence, based on the
obligations established in the inter-American system, several States in
the region have had to review and invalidate the effects of their
amnesty laws.

In that respect,
the Commission observes with concern that the Amnesty Decree approved by
the Honduran Congress on January 26, 2010, contains concepts that are
confusing or ambiguous. The Commission observes, along these lines, the
doctrinaire reference made to political crimes, the amnesty for conduct
of a terrorist nature, and the inclusion of the concept of abuse of
authority with no indication of its scope. Although the text
contemplates certain exceptions in terms of human rights violations, the
language is ambiguous, and the decree does not establish precise
criteria or concrete mechanisms for its application.

Due to the
foregoing, the Commission urges Honduran authorities to review the
decree, taking into account the State's obligations in light of
international treaties, especially the obligation to investigate and
punish serious human rights violations.

A principal,
autonomous body of the Organization of American States (OAS), the IACHR
derives its mandate from the OAS Charter and the American Convention on
Human Rights. The Commission is composed of seven independent members
who act in a personal capacity, without representing a particular
country, and who are elected by the OAS General Assembly.